Archive for year: 2015

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How mediation can help with back-to-school struggles

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 14, 2015.

Even though the summer visitation schedule has hurdles of its own, such as coordinating vacations and keeping a routine during the lackadaisical summer days, it’s often easier to keep your cool and negotiate with your ex when you don’t have to deal with getting sleepy teenagers out of bed at 6 a.m. The school year is jam-packed with homework that has to be signed off on, tests to study for, club meetings to attend and trying to fit in parenting time. All of this can add up to increased tensions and put even the most civil of couples on edge.

If you find yourself at odds with your ex and unable to negotiate a middle ground on your own, the mediation process may be able to help. Court battles are often quite lengthy and expensive, but mediation is an alternative that lets parents use lawyers and a third party to attempt to work out a settlement that is agreeable to both parties.

For mediation to work, everyone involved has to understand that the goal is to work together. An adversarial attitude and an uncompromising intent won’t get you far in mediation. Mediation also requires that both parties have the best interests of the children at heart and have a genuine wish to come to an agreement that works for both parents and the children involved.

At Laughlin & Company, our staff is well versed in the mediation process and how to negotiate an agreement while still protecting your parental rights and interests. Talking with one of our lawyers is the first step to learning more about mediation and what it can do for you.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Miranda Lambert and Blake Shelton announce divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, August 7, 2015.

Taking precautions before you get married to protect your assets is one of the most important things anyone can do. A prenuptial agreement, while not pleasant to deal with when you’re envisioning spending the rest of your life with someone, can take the fights over who will get what out of the equation so you can focus on navigating this very difficult time.

Country music couple Blake Shelton and Miranda Lambert are finding this out for themselves after announcing on July 20 that they had divorced. The couple had been the subject of divorce rumors almost from the moment they were married, but it seems there will be relatively little media fodder as the couple had a prenuptial agreement, known as a marriage agreement in Canada.

When a divorce is handled quickly and without any battles over assets or money, those involved are also able to begin the healing process and move on with the next chapter of their lives faster as well. However, in some cases, even with a marriage agreement there may be issues that require more involvement from the courts.

If a marriage agreement is contested or is found to be invalid by the courts, it may mean that the couple has to go through the usual process for deciding how to split the marital assets. Whether you are dealing with a contested marriage agreement or are dealing with a standard property division situation, a lawyer can help you understand your options and work with you on deciding how to move forward to protect your interests in a high-asset divorce case.

Source: CBC, “Blake Shelton and Miranda Lambert divorce after 4 years,” July 20, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

What if I can’t make my child support payments?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, July 28, 2015.

While there are some parents who balk at paying child support just because they don’t agree with the amount or don’t want their ex to have the money, there are others who understand that child support goes to provide for the children but struggle to make their payments. Sometimes, a rough patch can turn into a bigger issues, and when there is an undue hardship, the courts may be able to reduce the child support amount.

It’s important to understand that proving undue hardship can be very difficult. If you are going to be paying child support and do not believe you will be able to pay the standard amount for your case, you will need to provide proof as to why. This includes providing the courts with all income streams, including any incomes brought in by others in the household, such as a partner or new spouse. Investment, business and dividend incomes must also be reported to the courts.

The court generally only considers the undue hardship a possibility in certain situations. These include if you have excessive amounts of debt, are making child support payments for other children not related to this case or are paying money to support someone in your household who is sick or disabled. The standard of living for both your and your ex’s households will also be considered as factors.

If you do not think you will be able to make your child support payments, a family lawyer can help you understand whether you have any options available and how to petition the courts for a change.

Source: Legal Services Society, “Child Support,” accessed July 28, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Marriage contract: Why do I need a lawyer?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, July 24, 2015.

A marriage contract can help make the property division aspect of a divorce quicker and easier, but it needs to be done correctly for you to get the full benefits. A marriage contract lets the two parties decide how they will divide their assets and deal with other financial matters in the event of a divorce.

Since drafting and signing a marriage contract usually comes into discussion well before either party is considering a separation, it’s common for couples to think that they don’t need to consult a lawyer. However, a lawyer can help in both the development of the marriage contract and the execution, if needed, later on.

For a marriage contract to be valid, it’s very important that the terms follow the guidelines of the law and do not include anything illegal or what the courts might deem as superfluous. In these situations, the court may find that the marriage contract is not legally valid and set the entire contract aside. Talking with a lawyer as you draft the marriage contract and decide what to include can help ensure that you don’t mistakenly include something you shouldn’t, which could cause problems down the road.

A lawyer can also talk with you about your particular needs and situation and help you ensure that the marriage contract protects your interests and rights. It’s common for a marriage contract to have to go through a few rounds of revisions as the particulars are ironed out. In most cases, it is best for both parties to have separate legal counsel review the proposed marriage contract before signing.

Source: FindLaw, “Marriage contracts,” accessed July 24, 2015

Coquitlam Real Estate Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Actress claims finances kept her from seeing children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, July 16, 2015.

International custody battles can be tricky. Even with today’s technology that allows for talking, texting and even video conferencing with parents who live far away, maintaining parental bonds and staying actively involved in a child’s life is difficult from a distance. It is very common for one or even both parties to be unhappy with an international custody arrangement, as it often involves one parent keeping the children for most of the year and the other parent getting the children for weeks at a time in the summers or during school holidays.

However, another common issue in these disputes is money. Traveling abroad can be very expensive, even for those with above average means, and actress Kelly Rutherford has been arguing in her ongoing custody dispute with her German-born ex. Rutherford’s children are currently in the middle of the couple’s international custody dispute that has been highly publicized over the last few years.

The actress most recently told a judge that one of the major issues with the children living abroad in Monaco with their father was that she could not afford to travel frequently to visit them. Rutherford testitifed that when the order was first put in place, she was flying over to see the children approximately once a month. As time passed, she was not able to afford to have visits as frequently. The actress claimed she was also not able to work as much because of the frequent traveling and filed for bankruptcy in 2013.

Whether you are faced with the possibility of having to travel overseas to visit your children or have been dealing with a current international custody order that isn’t working anymore, a lawyer who deals with family law issues can help you get a better understanding of your options and best choices moving forward.

Source: Global News, “Actress Kelly Rutherford testifies at custody hearing,” Anthony McCartney, July 10, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Resolve your family law issues using mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, July 9, 2015.

In our previous blog post, we discussed how mediation can help you to work out family law issues. This can be a very effective tool in family law cases because it takes the decision making away from the court and places it with you and your ex. This can help you and your ex to work together in a way that allows you to compromise to get what you want.

In family law cases, mediation is helpful for a variety of issues. We can help you to get property divided using mediation. When you do this, you have to decide what property is important to you and what property you are willing to let go. We can discuss your goals with you so that you can have an idea of what to do.

We can also help you with child custody matters. Again, you have to decide what you are willing to compromise on and what matters you wish to hold firm to. You and your ex can use the help of the mediator to work things out.

It is vital that you ensure your interests are protected throughout the mediation process. We can help you to learn how to do this. We can help you learn how to get a settlement that puts the matters close to your heart at the forefront of the agreement.

If for some reason you are unable to come to an agreement through mediation, your case would then move to court. That, however, will likely take longer and cost more than going through mediation.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Mediation might help to speed up the divorce process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, July 1, 2015.

When you and your ex are ready to call it quits, you likely want to get through the entire process of severing ties quickly. That means going through the divorce process as quickly as possible. While not all divorces are going to happen quickly, there are some ways that you and your ex can speed up the process a bit.

It is important for everyone to know that unless there are allegations of abuse or adultery, getting a divorce means separating for at least a year. If there is an allegation of abuse or adultery, the divorce might be able to be finalized a little faster, but only if the abuse or adultery isn’t contested by the spouse facing the accusation.

You will have to apply for the divorce and go through the process that applies to your case. It is vital that you and your ex work together to determine the terms of the divorce. This can be done through meditation. Having an uncontested divorce is a lot faster than having to go through the court to determine the terms of the divorce.

Even if you and your ex agree on the terms of the divorce, it can take up to six months for the court to receive the application and review it. Once the order for your divorce has been issued, you still have to wait 30 days before you can get a Certificate of Divorce.

While the process for divorcing does take time, being able to work with your ex about the terms is usually beneficial. Divorce mediation allows you to come up with terms that you and your ex agree upon, which means the court won’t have to figure it all out.

Source: FindLaw Canada, “Five steps to a quickie divorce,” accessed July 01, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Know the grounds for divorce in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, June 26, 2015.

When you want to get a divorce, there are a few things you’ll need to do. The main thing is providing evidence that you have the grounds for divorce that fall under the federal guidelines. In Canada, one of the three grounds for divorce is a one-year separation. During the last 365 days, if you haven’t lived with your spouse in the same home, you can apply for your divorce without any other reason.

If that option won’t work for you, you have two others to choose from. If you can prove adultery took place or cruelty is the cause of your divorce, those are also grounds for divorce. Generally speaking, most Canadians move forward by separating for a year, and during that time, they work through issues like how to divide assets or working out spousal support payments.

During the separation term, you can work out a separation agreement with your soon-to-be ex. If the agreement works out well for you, it can eventually be used in your divorce as your guideline for asset division, child support and other important decisions.

You don’t need to get a divorce if you want to live separately, but if either of you ever want to marry again, it’s necessary to do so. You can reach a settlement and divorce privately, or if you can’t decide in private, you can go to court and have a judge do so for you.

Our website has more information on divorce in Canada and how you can avoid a drawn-out divorce. With a year between filing and getting a divorce, you can make the best of it with mediation and a separation agreement, so you can have a speedy divorce as soon as you’re legally able to.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Child support in arrears: Getting compensated with interest

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, June 16, 2015.

Have you been suffering and struggling to pay for the things your child needs because your ex-spouse’s child support payments are in arrears? The Family Maintenance Enforcement Act (FMEA) Regulations in Canada discuss how you can collect these funds and how they’ll be treated, so you know how much money to expect. For instance, did you know that the Family Maintenance Enforcement Program (FMEP) can charge daily interest on unpaid maintenance? If the payor is receiving income assistance, that won’t be charged, but otherwise, the maintenance fees will continue to rise.

When interest is added to the bill, it goes onto the gross bill at the end of the month. Then, that amount becomes the amount owed to the recipient. The next month, the interest is charged again on the full amount, charging even more over time. It’s possible for a payor to request that the court reduce or eliminate interest on late payments, but it’s the court’s decision on whether or not the interest is grossly unfair in the individual situation.

As a recipient, the good news is that when the payments are made, the interest, if it’s not reduced or dropped, will be paid to you, not to the Canadian government. This means that when you’re finally paid, you’ll actually receive more money than you were expecting in the first place.

Supporting a child on your own is hard enough, but these funds should be provided to you as designated by the court. If you have trouble accessing them, then FMEA is there to give you a way to seek that compensation.

Source: British Columbia Ministry of the Attorney General, “A Guide To The Family Maintenance Enforcement Program,” accessed June 16, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Tips for a divorce that you can agree with

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, June 9, 2015.

A divorce isn’t something most people plan on going through, but if you have to, you want to make sure you get what you deserve out of your marriage. If you want to have a successful divorce, then there are some tips you can follow.

First of all, you should make sure you gather as much information about your options as possible. Don’t go into your divorce without knowing what you deserve out of it, because you could be left regretting the decisions you make. You need to make objective decisions, which is why many people hire lawyers.

Next, don’t expect too much. It’s not likely that you’ll get 80 percent of the assets in the divorce if you didn’t contribute to them, although it’s possible. Try not to base your expectations on your emotional wants; this could leave you feeling like you were slighted when the divorce was actually fair. To help get you your fair share, make sure you’re honest about your assets with your lawyer, and don’t make deals or agreements without consulting an objective source first.

Try not to focus on the present; instead, focus on the future and how this divorce settlement will affect you in five or 10 years. This can help you make smart financial decisions and allow you to understand the value of the decisions you make at this point in your case.

By following these tips, you can make smart choices based on facts and objectivity instead on your emotions. Manage your expectations, and you may find your divorce moving smoothly.

Source: Huffington Post, “8 Insiders’ Tips for a Successful Divorce,” Elinor Robin, PhD, June 08, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370